UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/617624
APPLICANT: Image Products, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: MOOLA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/617624
This Office Action responds to the applicant’s correspondence of November 30, 2005. The examining attorney acknowledges and accepts the applicant’s standard character claim, and this change has been made of record. Having carefully considered the rest of the applicant’s response, the examining attorney has determined the following.
In its initial recitation of services, the applicant identified its services as “advertising services for banks...” (emphasis added). However, in its amended recitation of services, the applicant has broadened the field of its advertising services to “businesses.” Because the scope of “businesses” is clearly broader than “banks,” the examining attorney cannot accept the applicant’s proposed amendment. As the examining attorney stated in his June 3, 2005 Office action, while an application may be amended to clarify or limit the recitation, additions to the recitation are not permitted. 37 C.F.R. Section 2.71; TMEP section 1402. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present recitation. The applicant may, for example, adopt the following recitation, if accurate:
In International Class 35; advertising services in the nature of creating corporate and brand identities for banks through the use of merchandising programs; cartoon character licensing.
In International Class 42; design services for others in the field of collectible merchandising products used for marketing purposes.
For the applicant’s convenience, the Trademark Acceptable Identification of Goods and Services Manual can be found online at: http://www.uspto.gov/web/offices/tac/doc/gsmanual/. It offers a searchable list of acceptable identifications and classifications, and although it is not an exhaustive list, it is nonetheless a very useful guide in formulating acceptable identifications.
III. DECLARATION SUPPORTING SPECIMENS REQUIRED
Although the applicant indicated that its substitute specimens were in use in commerce at least as early as the filing date of the application, the applicant failed to verify this statement with a declaration under 37 C.F.R. §2.20. 37 C.F.R. Section 2.59(a); TMEP section 905.10. The following is a properly worded declaration under 37 C.F.R. §2.20.
The substitute specimen was in use in commerce at least as early as the filing date of the application. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name and Position)
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(Date)
IV. CONCLUSION
If the applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). The applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
If the applicant has any questions or needs assistance in responding to this Office action, please do not hesitate to telephone the assigned examining attorney.
/Nicholas K.D. Altree/
Trademark Attorney
Law Office 107
(571) 272-9336
Fax: (571) 273-9336
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.